Antenuptial Contracts
Congratulations on your engagement and pending nuptials!
Marriage is most certainly one of the biggest commitments that you will make during your lifetime. Don't forget to have an antenuptial contract drawn up.
Reach Out To Us
Our upfront, all-inclusive fee ensures that there are no hidden costs.
Drop me an email at viv@vglaw.co.za and I will send you all the details.
What does an Antenuptial Contract cost?
PRICE
The 2024 rate is R3900.00.
If you are unable to come to our offices to sign then we can assist you via a special power of attorney. The cost of this is R4300.00 plus courier fees.
This fee includes the following:
- Drafting the ante-nuptial contract;
- Consultation where contract is signed, the various matrimonial property regimes and the implications thereof discussed, and any questions answered
- Drafting a letter for your marriage officer, priest or minister confirming you have signed an ante-nuptial contract
- Notarising the ante-nuptial contract
- Registration in the deeds office
- All necessary copies, telephone calls, postage and certified copies
We also offer an optional additional virtual consultation prior to signing your ANC should you prefer this.
There are no hidden or extra costs.
Married in Community of Property.
Without an ANC, couples will be automatically married in the Community of Property (COP).
This means there is a joint estate where everything will be split down the middle in the event of divorce. The entire estate is then left vulnerable to creditors with no protection to one person’s assets.
Marriages out of community of property.
There are two options when entering an Antenuptial Contract, this is typically done to protect assets and separate estates. If married with an ANC it’s advisable to purchase assets in the name of the partner less at risk of becoming insolvent. Should insolvency or business liquidation be the case, creditors chase for any personal assets, however, assets in the other partner’s name are protected.
Marriages without Accrual.
A straight Antenuptial Contract implies that parties maintain separate estates from the beginning, during and at the end of the marriage. Any increase or fall in the estate either party would not benefit from the estate. This ANC is appropriate for people who marry more than once or who get married later in life.
Marriages with Accrual.
An Antenuptial Contract with an Accrual is where spouses start with an inception value, which will not be shared in the event of death or divorce, however, parties will equally split the increase in their combined estates. The law states this in a more convoluted way, but essentially the inception values or excluded assets are removed from the combined total of the estates and the remaining value is shared equally between the parties. An ANC with Accrual mimics the sharing benefits of being married in the Community of Property.
The right to share in the Accrual of the other spouse’s estate arises in the event of death, divorce or if a court orders otherwise.
Virtual process
We are available for consultation with you via Zoom or Whatsapp video.
We will explain the various options available to you and help you decide on which is suited to your needs.
Once you are both happy, we will finalise a Power Of Attorney for you and your fiancé to sign, authorising us to appear before our notary on your behalf. The documents will then get registered in the Deeds office.
The most important thing is that you sign before you get married.
Face-to-face meeting with you
If you prefer to meet with us, all COVID-19 health and safety regulations are adhered too.
This includes a meeting at our office with you and your fiancé where we advise you of the various options and act as a facilitator.
Alternatively, we could have the consult with you via Zoom or Whatsapp video prior to meeting with you in order to save you time when coming in to sign your contract.
Once you have reached an agreement, the contract is then signed and later lodged in the Deeds Office for registration.
Let Viv Greene Attorneys draw up your Antenuptial Contract.
If you would like to know more about Antenuptial Contracts, scroll down to our FAQ’s.
Viv Greene Attorneys
132 Roberts Road, Pietermaritzburg
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They are very helpful in explaining things you don't understand, they are reasonably priced unlike most lawyers now adays. I highly Recommend them.
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Viv Greene Attorneys acted as our correspondents in major litigation that had to be conducted on an urgent basis in the High Court in Pietermaritzburg. Their service was excellent and they consistently met and exceeded our expectations. … More
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Viv and her team are the best. Their brochure on Antenuptial is simplified for all understand and they live up to their motto " no fancy talk, just good advice." Thanks Viv and Carmen.
